What is a Demurrer?

Useful Rulings on Demurrer

Recent Rulings on Demurrer

1-25 of 10000 results

HAI YING RUAN, ET AL. VS CUONG THOAI DIEP, ET AL.

Demurrer to this cause of action is SUSTAINED with leave to amend. Motion to Strike Based upon the recommendation made on the demurrer, Defendants’ motion to strike portions of the complaint is MOOT.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JASON STANDIFORD VS CALIFORNIA SPECIALTY INSULATION, INC.

The demurrer is sustained without leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARIAN A ANDERSON VS SHERMAN OAKS HOSPITAL, ET AL.

.: 20STCV29180 Hearing Date: December 2, 2020 [TENTATIVE] order RE: DEMURRER TO complaint Background Plaintiff Marian A. Anderson (“Plaintiff”) filed this medical malpractice action against Defendant Prime Healthcare Services – Sherman Oaks, LLC (“Defendant”) following the death of Decedent Annita Anderson (“Decedent”). Defendant demurs to the complaint. The Court sustains the demurrer with leave to amend.

  • Hearing

ADRIAN MADDEN VS GURUCUL SOLUTIONS, LLC

On July 17, 2020, the Court sustained Defendant’s demurrer to the second cause of action with leave to amend. On August 17, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract; (2) quantum meruit; and (3) failure to pay wages (pursuant to Ontario Labor Standards Act).

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

ANA ESQUIVEL V. ISLA VISTA RECREATION AND PARK DISTRICT, ET AL.

Nature of Proceedings: Demurrer/Motion Strike First Amended Complaint Tentative

  • Hearing

ECO PROPERTY GROUP LLC, ET AL. V. SNIDER INVESTMENTS LLC, ET AL.

Nature of Proceedings: Demurrer to Cross-Complaint Tentative

  • Hearing

SHAFFER V RICE RANCH COMMUNITY LLC

It filed its demurrer on August 6, 2020. Opposition has been filed. Requests for Judicial Notice A demurrer can be used to challenge defects that appear on the face of the pleading or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Arch requests the court take judicial notice of, among other things, the grant deed for the Home from Rice Ranch Community LLC to Stanley Shaffer and Justine Shaffer. It was recorded on December 2, 2015.

  • Hearing

JENNIFER HERRINGTON V THE NATURE CONSERVANCY ET AL

On September 14, 2020, the court sustained defendants’ demurrer to the FAC with leave to amend, including the demurrer of TNC-CA based on plaintiff’s failure to adequately allege her status as an employee. The SAC was filed September 25, 2020. TNC-CA filed its demurrer to the SAC on October 28, 2020. Opposition has been filed. TNC-CA is a named defendant in each cause of action.

  • Hearing

HAROULA SPYROPOULOUS VS CITY OF LOS ANGELES, A GOVERNMENT ENTITY

Plaintiff opposes the demurrer and asserts that: (1) the delayed discovery rule applies based on the allegations of the complaint; and (2) the leakage of sewage on the Property constitutes a continuing nuisance. MEET AND CONFER The meet and confer requirement has been met. JUDICIAL NOTICE The Court GRANTS Defendant’s request for judicial notice. DEMURRER A demurrer tests the sufficiency of a complaint as a matter of law. (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

  • Hearing

DAVID LAHYANI VS ROBERT SCOTT REHLING ET AL

Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cross-complaint). (CCP §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true.

  • Hearing

JINKUN CHA, ET AL. VS PACIFIC EXPRESSWAY, INC., A CORPORATION , ET AL.

It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true. (Donabedian, 116 Cal.App.4th at 994.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian, supra, 116 Cal.App.4th at 994.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JINSONG SHI VS ALG LAWYERS INC., ET AL.

(Demurrer 14:21-23.) However, the FAC alleges that Defendants received money which they should not now be allowed to retain. (FAC ¶ 72.) Again, if Defendant disputes ever receiving the money, it can argue as such upon summary judgment. For purposes of demurrer, these allegations are taken as true, and suffice to survive demurrer. Defendant’s demurrer to the fifth cause of action is overruled. Motion to Strike Defendant moves to strike Plaintiff’s requests for punitive damages and attorney’s fees.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

XIAOXING ZHANG VS ZHE ZHANG, ET AL.

Discussion DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ARTURO LANDEROS VS GENERAL MOTORS, LLC

On the Court’s own motion, the Hearing on Demurrer - with Motion to Strike (CCP 430.10), filed by Defendant General Motors, LLC and scheduled for December 1, 2020 at 8:30 a.m., is CONTINUED to February 9, 2021, at 8:30 a.m in Department 19 at Stanley Mosk Courthouse. The Case Management Conference is also continued to February 9, 2021 at 8:30 a.m.

  • Hearing

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., ET AL.

(Demurrer, p. 1:8-12.) 1.

  • Hearing

SHEILA I¿IGUEZ VS BENIHANA MARINA CORP.

For these reasons, the demurrer is overruled and the request for a stay is denied.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

LORETTA JEAN PADILLA VS THOMAS GIANDOMENICO

.: 20STCV14529 Hearing Date: December 1, 2020 [TENTATIVE] order RE: DEMURRER AND MOTION TO STRIKE Plaintiff Loretta Jean Padilla (“Plaintiff”) filed this action on April 15, 2020, following which Defendant Thomas Giandomenico (“Defendant”) filed a demurrer and motion to strike. Prior to the hearing, Plaintiff filed a first amended complaint. Therefore, the demurrer is overruled, and motion to strike is denied, as moot. Plaintiff shall provide notice and file proof of such with the Court.

  • Hearing

JERRY TAYLOR, JR. VS AVANI HOME, INC., ET AL.

Therefore, the demurrer is overruled as moot. Defendants shall provide notice and file proof of such with the Court. DATED: December 1, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ODALYS FACIO BRISENO VS BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (CALIFORNIA STATE UNIVERSITY, NORTHRIDGE), A CALIFORNIA PUBLIC ENTITY, E

Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cross-complaint). (CCP §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true.

  • Hearing

JIN HONG VS MICHELLE KIM, ET AL.

(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.

  • Hearing

RENEE STARR VS CITY OF LOS ANGELES, ET AL.

The demurrer is sustained. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v.

  • Hearing

HOLLYVALE RENTAL HOLDINGS LLC V. KALVIN NATHAN, ET AL.

Nature of Proceedings: Demurrer to Complaint Tentative

  • Hearing

GRACE IONA CARTER VS. JASPER BROWN

. _____________________________ TENTATIVE RULING The motion to strike Plaintiff's punitive damages claim against Defendant AHA is moot in light of the Court's ruling sustaining AHA's concurrently filed demurrer. Moreover, it does not appear that Plaintiff seeks punitive damages from AHA, and thus there would be no basis to grant the motion in any event.

  • Hearing

GRACE IONA CARTER VS. JASPER BROWN

. _____________________________ TENTATIVE RULING The Court SUSTAINS the demurrer of Defendant Area Housing Authority of the County of Ventura ("AHA"), without prejudice. ANALYSIS AHA demurs to Plaintiff Grace Carter's fifth cause of action for Premises Liability on the ground that Plaintiff fails to state a cause of action because she failed to submit a claim to AHA prior to suing AHA as required by the applicable Government Code section.

  • Hearing

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

Defendants’ demurrer to the sixth cause of action is sustained.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

1 2 3 4 5 6 7 8 9 10 ... 400     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.